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July 22, 2004

No Right to Re-Enter Marital Home

The Iowa Supreme Court has affirmed a burglary conviction of a spouse who attempted to enter a residnece where he had previously lived. In re Marriage of Hagedorn, filed May 12, 2004. In what appears to be a case of first impression in Iowa, the Court rejected the defendant's claims that "he cannot be convicted of burglary for entering his own house."

Logical as that would seem, the Court's ruling is clear, as well as anticipatory of its fallout:

"Looking beyond this case, we can certainly envision circumstances where the occupancy rights of the estranged couple with respect to the marital home would be murkier than they are here.....More specifically, protecting the possessory rights of a person occupying the marital home after his or her spouse has moved out promotes the public policy underlying our decisions in Zeien and Peck - the prevention of domestic violence."

The moral of the story: don't move out; if you do, ring the doorbell before going back in.

Posted on July 22, 2004 in Divorce | Permalink

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